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As Canada’s Public Sector Integrity Commissioner, I am pleased to present the Office’s Departmental Performance Report (DPR) for 2008-09. This is the first DPR of my young organization created only two years ago. The Public Servants Disclosure Protection Act (PSDPA) which came into force on April 15, 2007 provides a mechanism for public servants and members of the public to disclose potential wrongdoings in the public sector. The Act also includes an effective means to protect public servants from reprisal for making such disclosures or participating in investigations.
In creating such an institution, Parliament wanted to send a strong signal that it is in the public interest to maintain and enhance public confidence in the integrity of public servants and that such integrity can be enhanced by establishing the Office of the Public Sector Integrity Commissioner of Canada (PSIC). The Office’s approach to its mandate is to conduct investigations and resolve cases informally and expeditiously as well as emphasizing prevention of wrongdoing, and education about values and ethics.
As the 2008-09 DPR highlights, PSIC initiatives have contributed to the advancement towards our goals embodied as Inform, Protect and Prevent:
In the coming year, the Office will continue to focus its efforts on:
Promoting integrity and protecting public servants who disclose wrongdoing is a shared responsibility. It is only if everyone – my Office, the Minister responsible, Parliamentarians, central agencies, leaders of organizations, unions, senior and middle managers, and indeed all public servants – play their parts that we will succeed. PSIC is committed to continue reaching out to public servants and stakeholders and together, building trust in our public institutions for the benefit of all Canadians.
The Preamble of the PSDPA provides a clear and compelling explanation of why the Office of Public Sector Integrity Commissioner of Canada (PSIC) was established. It states that “the federal public administration is an important national institution and is part of the essential framework of Canadian parliamentary democracy”, that “it is in the public interest to maintain and enhance public confidence in the integrity of public servants”, and that “confidence in public institutions can be enhanced by establishing effective procedures for the disclosure of wrongdoings and for protecting public servants who disclose wrongdoings...” PSIC was created to support and advance the proud tradition of public sector integrity for which Canada is renowned for.
The Office of the Public Sector Integrity Commissioner of Canada is committed to:
The PSDPA came into force on April 15, 2007 and creates two main areas of responsibility:
The Public Sector Integrity Commissioner of Canada is an Agent of Parliament appointed by Order in Council and approved by resolution of both Houses of Parliament. The Commissioner has jurisdiction over the entire public sector, including separate agencies and Crown corporations. However, the Commissioner does not have jurisdiction over the Canadian Security Intelligence Service, the Communications Security Establishment and the Canadian Forces, each of which is required under the PSDPA to establish their own internal procedures for the disclosure of wrongdoings and protection against reprisal. The Commissioner’s mandate covers approximately 400,000 employees. In addition, the Act specifies that members of the public can come forward with information about a possible wrongdoing. As a result, the constituency is significantly broadened.
The Commissioner conducts independent reviews and investigations of disclosures of wrongdoing and complaints of reprisal in an equitable and timely manner. She issues findings and makes recommendations for corrective action. The Commissioner also exercises exclusive jurisdiction over the review, conciliation and settlement of complaints of reprisal. This includes making applications to the newly created Public Servants Disclosure Protection Tribunal to determine if reprisals have taken place and to order appropriate remedial and disciplinary action.
The Commissioner submits annual and case reports to Parliament. She may also submit special reports at any time to Parliament, Ministers or Boards of Directors of Crown corporations.
The Office emphasizes prevention of wrongdoing, informal case resolution and education about values and ethics. The Office is guided at all times by the public interest and ensures integrity, respect, fairness and professionalism in its procedures.
In order to effectively pursue its mandate, the Office aims to achieve the following strategic outcome:
Wrongdoing in the federal public sector is detected, resolved and reported, while public servants are protected from reprisal, resulting in a greater integrity in the workplace
The chart below illustrates PSIC’s framework of program activities, which roll-up and contribute to progress toward the Office’s Strategic Outcome.
Planned Spending | Total Authorities | Actual Spending1 |
---|---|---|
6,553 | 6,445 | 3,611 |
Planned | Actual | Difference |
---|---|---|
41 | 21 | 20 |
The 41 FTEs represents an amount originally planned for when the Office was established in 2007-08. As the Office is still in the set-up stage, more time is needed to assess normal work volumes and determine long-term human resource requirements.
The Office had not yet established performance indicators and targets at the time of the 2008-09 Report on Plans and Priorities. These were subsequently formulated for the 2009-10 Report on Plans and Priorities and the table below has been developed in this context.
Performance Indicators | Targets | 2008-09 Performance |
---|---|---|
Increased awareness of workplace integrity and recourses available. | Inform public servants and Canadians. | Made presentations to public servants promoting understanding and joint responsibilities under the Act. |
Hosted symposium bringing together senior leaders from across Canada. | ||
Developed and shared communication tools and best practices. | ||
Advanced usage of Alternative Dispute Resolution processes. | ||
Effective investigation, resolution and protection from reprisals. | Deal with cases informally and expeditiously. | Developed process checklist. |
Pioneered a new informal case resolution approach. | ||
The majority of disclosure and reprisal cases dealt with in 2008-09 were closed including four that were of a serious nature. | ||
Effective and credible PSIC organization. | Sufficient resources to meet operational needs and appropriately respond to government requirements. | The Office was able to deliver its core activities through the staffing of key personnel and the usage of service providers however we continue to be subject to limited internal capacity and in-house expertise. |
Effective and efficient management and oversight of corporate resources. | Establishment of appropriate infrastructure and outsourcing agreements to fulfill corporate requirements. | Established outsourcing arrangements for fundamental corporate services. |
Created a Departmental Audit Committee made up of external members. | ||
Put in place a strong governance framework including advisory committees that support senior management. |
2008-09 Actual Spending varied from 2008-09 Planned Spending and Total Authorities as the Office is still in the establishment phase creating challenges for predicting case volume and staff capacity requirements. 2009-10 will be more representative of Actual Spending in a typical fiscal year as the Office focuses on increasing awareness of the mandate through promotional outreach campaigns and on initiating several projects.
Program Activity | 2007-08 Actual Spending2 |
2008-09 | Alignment to Government of Canada Outcomes | |||
---|---|---|---|---|---|---|
Main Estimates |
Planned Spending |
Total Authorities |
Actual Spending2 | |||
Disclosure and Reprisal Management | 3,520 | 6,553 | 6,553 | 6,445 | 3,611 | Government Affairs |
Total | 3,520 | 6,553 | 6,553 | 6,445 | 3,611 |
Operational Priority | Type | Status | Linkages to Strategic Outcome(s) |
---|---|---|---|
Increased awareness of workplace integrity and recourses available. As a catalyst for accountability, awareness and greater public confidence, the Commissioner will keep the public informed and will be proactive in working jointly with the public sector to prevent wrongdoing. |
New | Somewhat met
|
Strategic Outcome 1: Wrongdoing in the federal public sector is detected, resolved and reported, while public servants are protected from reprisal, resulting in a greater integrity in the workplace. In order for wrongdoing to be properly reported, public servants must be aware of the avenues offered to them and the complement roles of key players. |
Effective investigation, resolution and protection from reprisals. In carrying out her duty to receive and examine disclosures and complaints of reprisal, the Commissioner has committed before Parliament to take effective action within the Commissioner’s jurisdiction whenever and wherever such action is warranted. |
New | Successfully met
|
Strategic Outcome 1: Wrongdoing in the federal public sector is detected, resolved and reported, while public servants are protected from reprisal, resulting in a greater integrity in the workplace. Priority is fundamental to carrying out mandate and to maintaining and enhancing public confidence in the integrity of public servants. |
Effective and credible PSIC organization. The Office of the Public Sector Integrity Commissioner of Canada is committed to building an effective and credible organization where public servants and all citizens can share their concerns about wrongdoing in confidence and without fear of reprisals. |
New | Somewhat met
|
Strategic Outcome 1: Wrongdoing in the federal public sector is detected, resolved and reported, while public servants are protected from reprisal, resulting in a greater integrity in the workplace. A culture of disclosure is not yet entrenched in the public sector and, as such, PSIC must be seen as a trusted avenue to make disclosures of wrongdoing and protect from reprisal. The highest standard of skills and abilities of employees are essential to the success of our strategies. |
Management Priorities | Type | Status | Linkages to Strategic Outcome(s) |
---|---|---|---|
Effective and efficient management and oversight of corporate resources. The Office of the Public Sector Integrity Commissioner of Canada is committed to building an effective and efficient approach to the stewardship of its corporate resources. |
New | Successfully met
|
Strategic Outcome 1: Wrongdoing in the federal public sector is detected, resolved and reported, while public servants are protected from reprisal, resulting in a greater integrity in the workplace. Priority is fundamental to carrying out PSIC mandate and ensuring business continuity. |
One of the most critical risks that we share with many small agencies is the capacity of the organization to fully deliver its mandate due to the difficulty in attracting and retaining competent staff in a highly competitive labour market. To address this risk, PSIC has taken a number of initiatives, including a pilot project to exchange best practices among small agencies, the formulation of a clearer definition of expectations and competencies/attitudes required from employees, and the establishment of an expert network to support us during the critical first years.
Another risk facing the organization is one of accessibility – public servants must be well informed about our role and mandate and have confidence in our ability to fulfill that mandate. A number of initiatives are being taken to address these issues and will be pursued over the next period. These include: solid outreach and communication program, partnership with key stakeholders and research/implementation of best practices.
These initiatives will also address the issue of the negative perception of disclosure itself and lack of trust in disclosure processes. Our outreach, partnership and research initiatives, supported by our record of rigorous, fair and efficient investigative practices, will contribute to effecting a culture of trust and “right-doing” in which public servants at all levels will be able to work in an environment that encourages open dialogue and in which concerns are addressed.
Our Informal Case Resolution approach ensures that cases are addressed as expeditiously as possible ensuring a fair and efficient justice process. However, this approach may be seen as restricting the number of formally investigated cases reported. This could result in the risk of incorrectly being perceived as reluctant to pursue cases through a formal investigation. The goal of this approach is to ensure that cases are dealt with as informally and expeditiously as possible, in accordance with the express requirement of the Act in this regard, without restricting our ability or commitment to formal investigation of cases when warranted.
The Office will conduct a formal corporate risk assessment related to the delivery of PSIC programs in 2009-10. The Office will also establish an ongoing risk-based audit and evaluation plan.
The 2008-2009 Annual Report (http://psic-ispc.gc.ca/doc.php?sid=68&lang=eng) further explores the special risks facing Federal Agencies as well as risk mitigation strategies that should be considered. Some of the risks discussed include:
Some suggested mitigation strategies for these risks:
* The 2007-08 Planned of $5.2 M differs from the $8,1M reported in the 2008 Public Accounts of Canada as a result of contributions to employee benefit plans (s) and $2,7M reprofiled to future years.
The trend in 2007-08 and 2008-09 of under-spending Planned Spending is mainly due to the Office still being in the establishment phase creating challenges for predicting case volume and staff capacity requirements. 2009-10 will be more representative of Actual Spending in a typical fiscal year as the Office focuses on increasing awareness of the mandate through promotional outreach campaigns and on initiating several internal information management projects. This will also contribute to fostering a culture open to disclosure in the public service and to solidifying the Office as a trusted avenue to make disclosures of wrongdoing and protect from reprisal.
This table illustrates the way in which Parliament approved PSIC’s resources, and shows the changes in resources, as well as how the funds were spent.
Vote # or Statutory Item | Truncated Vote or Statutory Wording | 2006-07 Actual Spending3 |
2007-08 Actual Spending4 |
2008-09 Main Estimates |
2008-09 Actual Spending4 |
---|---|---|---|---|---|
40 | Program Expenditures | N/A | 3,354 | 6,033 | 3,280 |
(S) | Contributions to employee benefit plans | N/A | 166 | 520 | 331 |
Total | 3,520 | 6,553 | 3,611 |